WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status:	All areas are in attainment EPA's Nonattainment Areas
Major Source Threshold	PTE 100 tons of any criteria pollutant
Minor Source Permitting Exemption	PTE less than 25 tons per year of any criteria pollutants before control equipment. A unit with 3.5 MMBtu/hr heat input Emergency electrical generator powered by petroleum based fuels.
Minor Source Treatment	Emission limits for SO2, PM, and opacity
Emergency Generating Limits	500 hours per year

 

DE MINIMIS EXEMPTIONS

Facilities with that have a potential to emit less than 25 tons per year of any criteria pollutant before control equipment are exempt from permitting. A letter of notification is required. A single unit with a potential to emit less than 2 tons per year is also exempted from permitting.

MINOR SOURCE PERMITTING

A source that has a potential to emit more than 25 tons per year of any single criteria pollutant must obtain a minor source permit. The permit will include the following limits:

• SO2: 3 lb/MMBtu
• PM: is based on heat input (controls are very unlikely)
• Opacity: 20%.

There is a 30-day public comment period. The estimated permitting process takes between 90-120 days including the public comment period.

MAJOR NSR/PSD PERMITTING

A potential to emit 100 tons per year of a criteria pollutant triggers PSD.

TREATMENT OF EMERGENCY ENGINES

An emergency unit can run up to 500 hours per year and it will be exempt from permitting as long as it does not trigger PSD. No letter or notification is required by the state. If the state receives complaints about opacity levels officials might test the unit and could enforce a 20% opacity limit.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

Any electrical generating facility greater than 100 MW must obtain siting approval. The South Dakota Energy Facility Permit Act can be viewed by clicking: CHAPTER 20:10:22 ENERGY FACILITY SITING RULES

BUILDING, ZONING AND FIRE CODES:

Building Codes: South Dakota does not enforce a statewide building code, but does require that jurisdictions with building codes adopt a 2006 IBC-equivalent code. [1]

Energy Codes : South Dakota does not enforce an energy code. A few jurisdictions have independently adopted a code. State construction must follow the most recent edition of ASHRAE 90.1.

• Energy Management Office

Fire Codes: South Dakota has adopted the 2003 IFC and the 2003 IBC (fire sections) as its Fire Safety Standards.

• Office of the State Fire Marshal

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

In July 2007 the South Dakota Public Utilities Commission (PUC) adopted the federal interconnection standards as outlined by EPAct 2005. The state is in the process of adopting best practices for the interconnection of small generators to the grid. More information can be found here.

For more information contact the PUC.

Public Utilities Commission
Capitol Building, 1st floor
500 East Capitol Avenue
Pierre, SD 57501-5070
Phone: 605-773-3201
1-800-332-1782

EXIT FEES:

There is no statewide policy on exit fees. However no utilities charge exit fees.

UTILITY STANDBY RATES:

South Dakota does not have a statewide policy on standby rates. Relevant provisions of South Dakota utilities are summarized below.

Northern States Power Co - Standby Service Rider: Standby service is demand based with a reservation fee based on contract demand. Actual usage is billed under the regular rate for the customer based on size. Billing demand is typically based on the maximum 15 minute demand of the month with no ratchet. Rate available at Xcelenergy.com.

Black Hills Power Inc - Rate SP-3B - to qualify for standby service a site must be a QF less than or equal to 100kW. All others must contract individually for standby service. A demand and energy charge is billed for standby service, based on the maximum 15 minute demand or the contract demand (high demand rate would be billed every month based on contract demand). Rate available at the Black Hills Power Tariff Book .